Savita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69697 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- EKCHARI District- Bhagalpur ====================================================== Savita Devi W/O Raju @ Rajendra Mandal Resident of village- Khabaspur, P.S.- Ekchari (Pirpainty), District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Ekchari P.S. Case No. 34 of 2022 registered for the offence under Sections 304(B), 328 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 27.06.2022.
The allegation against the petitioner is to cause death of the daughter of the informant alongwith other co-accused persons/family members by administering poison, due to nonfulfillment of demand of dowry, as raised for one motorcycle.
Patna High Court CR. MISC. No.69697 of 2022(2) dt.23-12-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is mother-in-law, living separately and having no connection with daily and domestic affairs of deceased and her husband. It is submitted that petitioner is an old and sick lady and implicated only for the reason that she is mother-in-law of the deceased. It is also pointed out that the thrust of allegation is against the husband of the deceased. While concluding the argument, it has been submitted that petitioner is a lady of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded that petitioner is mother-in-law of the deceased. Considering the facts and circumstances as mentioned above, as petitioner is a lady and mother-in-law of the deceased, living separately coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Ekchari P.S. Case No. 34 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.69697 of 2022(2) dt.23-12-2022 3/3 Bhagalpur/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T